george broke up. so ladies, all the single ladies. >> he doesn't want to get married. >> why? >> our special report is next. lining up is supposed equal paying up. but there's a glitch in the software, this is "special report." good evening, i'm brett baier, it's been a rocky road toward implementation for the part's increasingly controversial health care law. it seems one of the big revenue generators a surcharge on smokers falls under the category of easier said than done. chief international correspondent jim engel with obama care that may go up in smoke. >> one more delay in

implementation of the health care law, this one dealing with the penalty for smokers. >> the way the law works is that inge su inge surers are able to charge people up to 50% for a surcharge. >> they can charge a lifetime smoker -- the law also limits the difference insurers can charge the young versus the old to three to one. and now the administration says it's computers cannot deal with any difference in the smoker's penalty. >> because of the way the it systems are structures, it limits how much variation there can be in the surcharge for older smokers versus younger smokers. >> can't do that because it will run afoul of our computer systems. >> which means either insurers charge lifelong smokers less or young smokers a lot more. >> they apply it across the

board so boetz younger and older smokers get hit with the penalty. >> meanwhile it's now clear that while secretary sebelius was assuring congress everything would be ready on time. garry cohen one of the key officials in implementation told insurers that they were developing contingency plans, saying everyone recognizes that day one will not be perfect. >> the administration has known for several months that the roll youth of the exchanges is going to be far less robust than they had been planning. >> cohen also told insurers there was, quote, some possibility that some state exchangings might not be ready. at the same time back in march, henry chow, another official overseeing technology for the exchanges said he was quote pretty nervous and that debate over the finer points had stopped and said, quote, let's just make sure it's not a third world experience. >> they were foreshadowing some of the dlis, system glitches,

other problems that would be coming down the pike, even back in march, they knew very likely that this was going to be a bit bumpy for them. >> the white house, of course, sees it differently. >> a piece of legislation like this, to be responsibly implemented needs to be implemented in a legal way. >> late today, brett, democratic senator jerry moran said he will introduce a bill to match the delay of the administration's mandate to match the delay of the employer's mandate. investigators in europe and south korea are interviewing the pilots of the airplane that crashed at san francisco international airport saturday. they're trying to find out why the plane's air speed dropped below safety limits and who was at the controls. they're also looking at the emergency response in light of the possibility that one of the two teenager who died was

actually run over by a rescue vehicle. the 19 members of an elite firefighting crew who were killed in action on june 30th in arizona were remembered today. thousands of mourners across the country turned out for the service. vice president joe biden came from washington. >> the day will come when the memory of your husband, your skon, your dad, your brother, will bring a smile to your lips before it brings a tear to your eye. my prayer for all of you is that that day will come sooner than later. but i promise you, as unbelievable as it is, it will come. >> the muslim brotherhood is rejecting a timetable to fast track a new government in egypt. and the country's top cleric is warning of civil war there.

meanwhile, some of the top jobs in the interim government are now being filled. this comes as debate continues here in the u.s. over what to say and what not to say about the situation. here's senior white house foreign affairs correspondent wendell gold. >> a day after a spasm of violence -- the white house refused to blame the country's military or to call morsi's ouster a coup. instead what president obama is supposed to have told morsi the last time they spoke on the phone is that democracy is more than elections. >> what we hope is that it will return to a more democratically elected civilian government that would then govern democratically. >> the president welcomed two members of the egyptian form --

the u.s. says -- the brotherhood seems in no mood to participate. >> we don't accept this military coup and it's consequences you should not comment on this constitution declaration as it is produced by an illegitimate regime. >> there's some -- kentucky republican senator rand paul says there shouldn't even be any debate. >> we're not supposed to be in favor of supporting military overthrow of democratically elected government. i'm no fan of the muslim brotherhood. i don't think we should have given them money either. >> paul is joined by democrats as well as other republicans, but democratic congresswoman says that there's a reason to continue the aid. >> we know the military will keep the peace treaties with israel and given what's happening in the region, we have to make sure that we do everything we can to promote stability. >> meanwhile other countries are voting with their checkbooks about egypt's latest transition,

saudi arabia approving a $5 billion aid package for the still forming government, and that's far more than 1$1.5 billion that's at stake. >> this is about the egyptian people and about the best way we can achieve our objectives in egypt and the region. >> there are doubts about how much influence the u.s. actually has in egypt, in spite of requests that no action be taken against morsi or his supporters, the president is under house. >> wendell, thank you. staying overseas, the taliban has pulled the plug on its office in qatar less than a month after opening it for what were supposed to be peace talks about afghanistan. now it seems the u.s. may get its troops out of harm's way faster than originally planned.

national security correspondent jennifer griffin has that story from the pentagon. >> i'm not aware that this was a trial, believe it of not. i can't say that for sure. >> the "new york times" exclusive set tonguings wagging by suggesting tension with afghan president karzai was pushing obama to consider a zero troop option. speeding the withdrawal of 67,000 troops from afghanistan leaving no u.s. troops behind after 2014. >> the white house has made clear that twhere is a zero option on the table. >> the white house pointed to a january 8 conference call that national security advisor ben roads had. the president does not view these negotiations has having a goal of keeping u.s. troops in afghanistan. >> i think it's important to note that we stated here, i think it was here, but it was sister-in-l certainly publicly and in january that zero was an option. >> it's also something of a shot

across the bow, i think the president is very upset at karzai's attitude lately and about their fracturing relationship. but he wants to tell karzai that he's still got the option to pull the american rug out from under beneath him. >> a june 27th conference call between the president and karzai was said to tip the balance. >> i was told that that video tell conference was an unmitigated disaster. both the presidents went after each other, with karzai threatening on the one hand to cut off relations with the united states because we're talking with the taliban and with the president trying to get his agenda through to karzai and karzai not listening. >> troops options remind many of the way u.s. forces left iraq after the obama administration failed to negotiate a status of forces agreement that would allow any u.s. troops to stay as a stabilizing force. in may alone, 1,000 iraqis were killed in sectarian violence making it the most violent month

in iraq since before the surges in 2007. >> this is about afghanistan, not iraq. >> meanwhile the taliban has closes it's office in qatar after if the karzai balked that it was setting up a government in exile. a hearing is just about to conclude with the army office -- major nadal hassan is charged with 13 counts of murder. he has asked the judge for permission to tell the juror that he's being made to wear a military uniform. today the defense explained to the court how he did it. bill keating is in sanford, florida again tonight. >> for the third time in the

trial, jurors watched defense attorneys carry out the hood yiz -- this time used by george zimmer marp's defense along with a fruit drink martin had in his pocket to bolster zimmerman's description of what happened. that margin on top straddling zimmerman during the last moments is supported forensically. >> the wound itself, by the gap, by the power tattooing in the face of a contact indicates that this is consistent with mr. zimmerman's account that he -- that mr. martin was over him, leaning forward at the time he was shot. >> the defense expert analyzing these photos also supporting zimm zimmerman's claim that trayvon martin was pummeling his head into the sidewalk. this expert has been paid more

than $2,000 to testify and cannot say who instigated the altercation. >> you can't say whether it was trayvon tmartin defending himsef or george zimmerman protecting himself. >> i'm not having a jury sitting back here for 45 minutes doing nothing. >> this morning the judge postponed a critical hearing on animation that the defense wants the jury to see. the animation is based on crime scene data, a 911 and one partial eyewitness account. and that animation hearing is still under way upstairs behind me. judge nelson yet to rule on whether the defense can present this animation depicting trayvon martin's final moments in life for the jury to see. the technology is similar to the kind that makes the blue people

human like in "avatar." the state says it's totally inaccurate. >> bill keating live in sanford, florida. just how many americans are getting help putting food on the table. the numbers will amaze you. later on "the grapevine." and our new fox media analyst on how the media is covering egypt and the george zimmerman trial. out there owning it. the ones getting involved and staying engaged. they're not afraid to question the path they're on. because the one question they never want to ask is "how did i end up here?" i started schwab for those people. people who want to take ownership of their investments,

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we are debuting a new feature on "special report" and fox news challenge tonight. here tonight to talk about egypt and the zimmer mariman murder t.

what do you think about these two big news stories and how the media is covering them? >> it's not even close. fox news channel has devoted plenty of air time to the zimmerman trial, no question about it. but msnbc and cnn where i used to work which has an impressive international correspondent -- twice as much time spent on the zimmerman trial as on the events in egypt. i understand that foreign affairs may be less interested, u.s. troops aren't involved, but the overload here, overcoverage of this trial has really been something to behold. >> do you think it's ratings tied this trial more than other trials is drawing eyeballs? >> well, you definitely get a short-term bump in the ratings if you stick with the zimmerman. but let's remember what happened when trayvon martin was killed,

the black story, a teenager tragically gunned down unarmed. will be a couple of weeks it became a national story when the national media woke up to the race issue here. when you go wall to wall, you're making an internal judgment that basically nothing else matters as much. but then if there's a break in the trial, then you go to cairo for a few minutes. >> is it because people can get their head around a trial, there's a beginning, a middle and an end, that it just makes for good tv? >> trials involve a particularary ty, because you're pro zimmerman, you're aerpt zimmerman, you identify with the characters. it does provide something people can argue about. which will be more important a year from now? what happened in egypt where 50

pro morsi gldemonstrators were killed yesterday, who do you root for in egypt? and that has muddled the conversation. except in national newspapers which have provided a lot of in depth coverage of egypt. cable challenges, not so much. >> do you think this trial would have gotten so much coverage from the beginning had a lot of the automatctivists not gotten the game? >> i don't think it ever would have been on the radar, it was the issue of race and the activists descending on sanford, florida that catapulted this. there seems to be this hunger in cable news wlangd for what i call a soap opera spectacle, before that it was the jody arias trial, befores that it was the amman za knox trial. the defendants don't even have to be famous, just the cameras in the courtroom. unlike the michael jackson trial, because there's no cameras in the courtroom, we're seeing a mere fraction of the coverage that the zimmerman case

is getting. should the story be covered? absolutely, but eight, nine hours a day? that's a combit much for my tas. still ahead t benghazi attacks from some of the people that were there, the first eyewitness accounts. then the jurors decide just how far the government can go in spying on you.

the man president obama wants to run the fbi is sticking up to for group of judges who stand between you and big brother. chief congressional correspondent mike emanuel reports tonight. many complain this particular court is really standing in the government's corner. >> the fisa court was not a rubber stamp. >> former intelligence judges

robinson defends the court's work saying the law is fwlaued because the judgeses don't hear from an adversary. >> it's ex parte which means it's one sided and that's not a good thing. >> anybody that's been a judge will tell you that a judge needs to hear both sides of the case before deciding. >> in this case robinson insists the judges have pushed back against the government. the nsa activities it oversees such as collecting the phone met metal data of communications following the highly publicized leaks by edward snowden. the aclu says that shows the need for tougher government surveillance. >> it would trouble me less if members of the larger intelligence community had. repeatedly misled the public about the scope of these surveillance laws and the safe

guards that are in place or aren't in place to protect individuals' privacy. >> former bush attorney general now seeking confirmation to be the next fbi director tried to remove some of the public's mystery on fisa. >> folks don't realize that it's a group of independent federal judges who sit and operate under a statutory regime to review requests by the government to use certain authorities to gather information and it is anything but a rubber stamp. >> and the top democrat on the house intelligence committee rejected calls for change. >> at this point, show me the facts where it's not working, or where there has been a violation of the law. i do not see this. >> because the matter is handled business fisa are so sensitive in terms of national security, experts say bringing in lawyers to argue against the government and even defending the court itself are difficult. >> mike randall live on the hill. mike, thank you. a philadelphia abortion doctor was back in court today.

he pleaded guilty on drug charges for illegally prescribing pain pills at his clinic. he's serving life without parole. a big fight is nothing new in texas. now people in the lone star state are getting ready for a major conflict over a controversial abortion bill. correspondent doug mcclellan is live with an update. >> the bill would ban most abortions after the 20th week of pregnancy. it was revised in the special session now jupds way. after the filibuster stalled the pro-life victory in the house. one contentious part of the bill is requiring that abortions be performed in ambulatory clinics which are better equipped. >> why would we regulate our clinics differently if we're taking our child to have their tonsils removed or someone wants

cataract surgery versus abortions? we want safe facilitiefacilitie. >> opponents say it would reduce the availability for providers. >> for the poor, you just happen to be up a creek without a paddle. and you can go to the back alley where a coat hanger is used. >> the bill also requires providers have privileges at a hospital less than 30 miles from the clinic in case of complications. but it limits the a house vote is expected sometime tonight before it moves on to the texas senate. mplgsz. the irs says it mistakenly posted the social security numbers of as many as 100,000 people on a public website. the irs then removed the information and shut down the

site. most of the numbers were said to be of donors to tax exempt political groups. it will soon be legal to carry a concealed weapon in illinois. this afternoon, the land of lincoln became the last state in the nation to allow it. lawmakers voted to override changes made by democratic governor pat quinn to a bill they approved more than a month ago. the court struck down the state's concealed quarry ban last december. all other states as you know have already passed laws permitting the carrying of concealed weapons. you'll be shocked to find out how many of your neighbors are being fed by your tax dollars. a big number. "the grapevine" is next. ♪

(announcer) flavors this delicious are worth searching for. friskies. feed t senses.

and now some fresh pickings from the political grapevine. eye pops numbers out tochbtd, one in three americans gets help from the government just to put food on the table. the agriculture department errs mates 101 million people get food assistance of some kind. the assistance includes food stamps and school lunchings and other programs at a total price tag of $114 billion. the effort to account for tens of thousands of military

missing in action is corrupt. it states the joint p.o.w./m.i.a. accounting command is so mismanaged and wasteful that it risks es descendsing frm dysfunction to a total failure. terming their trips as taxpayer funded quote military tourism. more than 83,000 service members who fought in world war ii korea and vietnam are still listed as missing. today the pentagon's press secretary called the report concerning, he says the pentagon has ordered a second look at the program. and finally, a little presidential election history now, put to good use on the other side of the globe. the milt romney campaign of knox county, tennessee had 200 t-shirts to spare following the election last fall.

the team donated them to a charity that helps residents in remote villages in kenya, which of course is the ancestral home of the president. the shirts are a hit. you'll recall in the past preprinted champion shirts for teams that lost the super bowl have also been given to needy folks. a terror attack against u.s. facilitie facilities? b benghazi, libya. >> as night fell in benghazi, 35 terrorists armed with assault rifles and rocket propelled grenade launchers and with intelligence supplied which complicit members of the government carried out a military style attack on the embassy. samuel m. caps, a private consultant -- under fire, the untold story of the attack in

benghazi. an excerpt in the august issue of "vanity fair" shows that american security algs struggling valiantly to defend. they were not members of a rag tag force write burton and caps, split into small groups throughout the compound methodically, they employed military style hand signals to progress toward their objectives. they had been given precise orders and impeccable intelligence. they seemed to know when and where and how to get from the access points to the ambassador's residents and how to cut off the diplomat i believe security agents as well as the guard force and the militia men on duty that night. the attackers seemed to know that there were new uninstalled generators behind the february 17 command post as well as half a dozen cans full of gasoline which they would use to fuel the fire. >> i think there was a failure

of intelligence. there was no advance warning, there was no view that an attack was probable or even possible on 911. >> as late as january 23, then secretary of state hillary clinton, who enjoyed access to all classified materials on benghazi was still suggesting that little to no advance planning preceded the attack. >> was it because of a protest or was it guys out for a walk that decided they would go kill some americans. what difference at this point does it make? >> today about clinton testimony and the burton caps -- the state department spokesperson would only say that the article appeared to draw level on the unclassified final report that was issued by the department's own benghazi review board. >> we'll continue to follow this story. monday pope francis made his first trip outside rome going to

the sicilian island of lampedusa. the pope decried what he called the globalization of indifference. he prayed for the immigrants who die in the perilous journey from africa. is the u.s. pulling out of afghanistan early? we'll talk about it with the fox all-stars when we come back. thank you. so you can make a payment from your cell to almost anyone's phone or email. (speaking french) so you can express your gratitude... in the moment. chase quickpay. so you can.

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we will complete our transition to afghan responsibility for that country's security. our troops will come home. our combat mission will come to an end. and we will work with the afghan government to train security forces and sustain a counter terrorism force which ensures that al qaeda can never again establish a safe haven to launch attacks against us or our allies. >> the suggestion that we're somehow close to a determination or a conclusion in that

negotiation is incredible. >> given the current political situation and the relationship between the administration and karzai, i would say right now it's not a bluff and that it is on the table. and if given the opportunity, the administration will pull out of afghanistan sooner rather than later. >> the "new york times" story that launched all the tongues wags here in washington, as attention according to the "new york times"s, the u.s. is now prepared for zero troops in afghanistan. all 61,000 coming home, leaving no troops after 2014. let's bring in our panel, jason riley, editorial board member of the "wall street journal," jason, your thoughts, there was a bit of a push back by the white house, but everything here hearing privately is that this meeting, this teleconference

went south and it is an option. >> i think the charitable way to put this, the most charitable way to put it is that we're seeing the evolution of the president thinking yet another issue. remember, that was the good war, the one we must win, then he set a date certain for withdrawal next year, now he wants to move up the timetable again. there are real world consequences with this. one to not to allow al qaeda or the taliban to secure safe havens. if we pull out now, the sal taliban will secure the southern half of the country. we're telling jihadists out there americans cannot stick it out. when things get tough, they're going to go, so let's just wait them out. in addition to us increasing our troops levels in afghanistan, we asked our allies to increase their commitments as well? what are we saying to them? and the next time we need to go to them, what will their

response be? >> the president hasn't invested much at all, he hasn't gimp any speeches if any on the need to continue that. may 23rd was the biggest block he's said about it for some time. >> this was the war he said was the good war and that he was behind. i supported the afghanistan war. i do think it was a mistake, though, and we should have been gone at least six or seven years ago, probably. so the fact is ththat he has continued in this vain is something aye been critical of, it's safe to say that we have given a lot to that country, and i would love to see it in a much more stable position. but unless we're going to stay there forever, even with us there, we can't really stabilize it. so the option is a great option because we should have already left. >> i think the question is the speed at which we leave and do we leave a residual force

behind? that i think is the key issue. according to the reporting, it looks as if the president could be reacting emotionally. i hope he's not, to the interactions he's had with karzai. i understand karzai is admittedly unstable, likely bipolar and ter minuterminally ungrateful. but karzai is not forever. the islamists and the pakistanis are going to be there for a very long time. and the president has to make a decision not based on karzai and not based on emotion or personal resentment but is it strategic for the yooirlunited states to maintain a force in afghanistan? if the answer is yes, he has to put away his feelings and decide

that we're going to do it. if the answer is no, then it shouldn't matter what's going on inside his head. >> you'll remember that the status of forces agreement negotiations with iraq also took a turn for the worst with nuri al maliki and that ended up in a quicker u.s. withdrawal of troops in iraq as well. here's how the president described the teleconference about staying on through 2014 with karzai, between the president and the president of afghanistan. >> i wouldn't say that they were frustrated. we continue to work through issues. we realize that there are going to be points of congress tension from time to time. that's natural of any partnership. but we think we can get through them. >> but, here's how privately we're hearing from military folks that teleconference went. >> i was told that that video teleconference was an unmitigated disaster. both the president, both presidents went after each other, with karzai threatening

on the one hand to cut off relations with the united states because we're talking to the taliban, and with the president trying to get his agenda through to karzai and karzai not listening. but if that teleconference is going to drive our policy, then we have a bad, or at least a weak policy. >> there is some thinking out there that perhaps this was a leak intended to put pressure on karzai in these negotiations. i don't know. but we do know that the president is a very political president and we know that this war is very unpopular back home. the anti-war left wants to get out there and the president's poll numbers are there. i wouldn't put it past the president to be doing something to help those poll numbers. >> are we going to be in afghanistan after a fashion in 2014? >> i hope not. >> i these i think so.

>> i think so. >> the president is really pr cool and if he stayed on the path as you showed that clip that we need to have a presence in there then he'll keep them there. >> next up, is the court who decides just how far the government can go in spying on you just really a rubber stamp? blrk ♪

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>> the process is ex parte which means it's one sided and that's not a good thing. and, secondly, under the fisa amendments act, the fisa court now approves programatic surveillance. and that, i submit, and will discuss for a few minutes i do not consider to be a judicial function.

>> in my experience, which is long, with the fisa court. folks don't realize that it's a group of independent, federal judges who sit and operate under a statutory regime to review requests by the government to use certain authorities to gather information, and it is anything but a rubber stamp. >> bret: former bush deputy general now trying it be the new fbi director in confirmation today. before that a former fisa judge who has problems with the fisa court. we're back with the panel. kirsten, what about this court and the fight to know more about it both on capitol hill and around the country? >> well, i think that's the big issue. even if you support the existence of fight, is a it's wanting to know more about the ruling, for example, you know, that you have the justice department saying that we shouldn't be able to see what the rulings are. that it's, you know, the names was reporting that it's sort of set up this parallel supreme court that they are reinterpreting the fourth amendment in ways, you know, that we need to

stand. so it's hard to really come to a conclusion about it until more information is released about it so we can actually review what they are doing. >> bret: some of the reporting, including the "wall street journal," jason, the court made a determination that relevant was the key word. what was relevant so that it opened up a broad investigative possibility to suck up all kinds of information because it may be relevant to various investigations. >> well, i don't see the problem, really, that the court being too one-sided or too much of a rubber stamp. i think the problem that the law, the fisa act encroaches on executive war powers. i think it needs to be scrapped. we don't want -- the writers of the constitution made the president the commander and chief. the buck is supposed to stop with him on national security. not with the secret court full of unelected judges. i want our troops snooping on al qaeda. when something goes wrong,

i want to be able to turn to elected officials, congress or the attorney general answering to the president who is answering to the people for answers. i don't want to be able -- i don't want congress to be in a position to pass the buck and say we went to the fisa court, they didn't let us do what we needed to do don't blame us. and that's what in effect the fisa court provides is an excuse for an elected official not to be held accountable, charles? >> i want our spooks listening to al qaeda but i don't want our spooks listening in on our calls unless there is a national security reason that rises to a certain level. i think we have to have a fisa court. it's good to have a review. you cannot have unfettered executive action on this. but the problem is not the fisa court. i think the emphasis here is completely wrong. it isn't as if these 11 independent judges all of a sudden want to enbegan dyes their power and run a social security state and decide what is and what is

not. their rulings are abroad and have allowed almost everything. the problem is all it has to do today is to it pass a new statute and define the standard as the congress that has decided that the gathering of information from everybody, and then looking for the patterns. well, you know, that 99% of the information is not for anybody who is under suspension is okay. that isn't okay. the congress ought to stipulate in the statute and the fisa court will rule accordingly. this is an issue that congress has to address. it's not anything that the fisa judge is responsible for independently. >> bret: what about that argument that the former fisa judge made that there is no adversarial argument, number one. number two, all of these judges are approved by the chief justice of the supreme court. they are appointed. they are not the president. they're not congress. >> right. >> bret: they are just appointed by and in this

case all of them have been appointed by chief justice john roberts. >> i think that's an incredibly important case that it was made that who is making the adversarial case here. they are being presented a case by the government. who is making the case against the government. i just don't -- i could not disagree more with the idea that we dent want to have somebody questioning what the executive is doing. i think that's probably the biggest problem that we have seen recently is that there is this feeling that there is no oversight. who is, you know, president decides if somebody needs to be killed by a drone. shouldn't somebody else have some say in that? i think in this case it's the same. >> who are these judges? what is the national security expertise? how can we hold them accountable when they screw up? that's why we elect representatives. >> can you can make that case of all judges which is why you have to have different people making cases and the judges are expected to rule on that. >> quickly. >> the answer is not to abolish the fisa court and not have every national security request turn into

a trayvon martin trial with the lawyers on either side. i think you trust the 11 judges but let the congress define the contours of what's allowed very specifically and that solves the problem. >> bret: that is it for the panel. stay tuned for a local news report that made quite a splash.

could save you fifteen percent or more on car insurance. yep, everybody knows that. well, did you know some owls aren't that wise?

don't forget i'm having brunch with meghan tomorrow. who? meghan, my coworker. who? seriously? you've met her like three times. who? (sighs) geico. fifteen minutes could save you...well, you know. >> bret: finally tonight, summer live shots at local news stations. reporters try to find fun things to do. our fox affiliate in los angeles paid a visit to a local youth swim club where the local reporter really needed to understand the benefit of two words. get set. >> they got a lot of other people who love to swim. the members of the armada swim team. wave, everybody, you can wave. take off on your mark, go. [ laughter ] >> bret: tt'